HomeMy WebLinkAboutCC Res 3176 1982-06-28
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RESOLUTION NO. 3/74:,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
ADOPTING A COMMUflITY DEVELOPMEflT BLOCK GRANT PROGRAM CON-
TRACT WITH THE COUNTY OF ORANGE IN APPLYING FOR FUNDS FOR
NEIGHBORHOOD HOUSING REHABILITATION UNDER THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974
WHEREAS, the City of Seal Beach has chosen to apply for a grant under
Title I of the Housing and Community Development Act of 1974;
and
WHEREAS, the City has entered into a Cooperation Agreement with the County
of Orange to make application for funding under the Seventh Year
of the Program; and
WHEREAS, this contract for Neighborhood Housing Rehabilitation further
defines the responsibilities of the two parties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal
Beach does hereby approve the contract attached hereto as Exhibit "A"
and authorizes the Mayor to enter into the contract on behalf of the City.
PASSED, PROVED AND ADOPTED by the City Council of the City of Seal Beach,
Cal if rni , at a meeting there f held on the d28~ day of
,1982, the f llowing e: eJ'/
AYES: Councilmember(s) ~~
NOES, eo"'il.....'(') ~ '
ABSENT: Councilmember(s).~
~ VA!Qo...... ~~ ).)/I.-1..~P4_~'--
'" ayor -:t
ATTEST:
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PROOF OF PUBLICA liON
(2015.5 C.C.P.)
STATE OF CALIFORNIA.
County of Orange
, I am a citizen of the United States and a
. resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
....................................................
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a newspaper of general circul f I ,printed
and published ..~............
in the City of ... ...~
County of Orange, and which news-
paper has been adjudged a newspaper
of general circulation by the Supel'ior
Court of the County of Orange, State of
California, underthedateof.~ 19~7..
Case Number...1l fd.SJ'~ that the notice,
of which the/annexed is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates,
to-wit: fJt:::
......... . .../ft'/'.lfZi.........
all in t year 19.U.
I certify (or declare,> under penalty of
per(ury that the foregoing is true and
correct.
Dated at....~....~......
California, this..~I..~?:day o~ 19 J2.,
...........~i~~........
F.... co,I.. of thiS blink form ml, be'Kur" fram:
CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal Advertising Clearing House
120 Weai Second SI':, Los Angeles, Calif. 90012
Telephone: (213) 625.2541
PI.... requnt OE N E RAL Ptoaf of Publlcltlon
when order,nq th.s form
This space Is for the County Clerk's Filing Stamp
Resolution Number
Proof of Publication of
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NCmCEOFPUIIUC~ bID*' II'MI8dtDlUbmd: f
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Tldelands.:tlFuncl 238,5DD
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Resolution Number
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
January 18, 1983
IN RE:
CONTRACT
HOUSING & COMMUNITY DEVELOPMENT
CITY OF BREA
On motion of Supervisor Wieder, duly seconded and unanimously
carried, the Clerk of the Board, on behal~ of the Board of Supervisors,
is authorized to execute HICD Contract No. C26762 dated January 18, 1983,
berween the County of Orange and the City of Brea for public facilities
and improvements: water and sewer facilities.
-=> IN RE:
CONTRACT HOUSING & COMMUNITY DEVELOPMENT
CITY OF SEAL BEACH
On motion of Supervis~r Wieder, duly seconded and unanimously
carr~ed, the Clerk of the Board, on behalf of the Board of Supervisors,
is autr.orized to execute HICD Contract No. C26642 dated January 18, 1983,
berween the County of Orange and the City of Seal Beach, for MObile Home
Rehabili tation.
15 RE: CONTRACT HOUSING & COMMUNITY DEVELOPMENT CITY OF CYPRES
On motion of Supervisor Wieder, duly seconded and unanimously
car=ied. the Clerk of the Board, on behalf of the Board of Supervisors,
~s authorized to execute HICD Contract No. C26768 dated January 18, 1983,
ber~ee~ the County of Orange and the City of Cypress, for public facil-
ities and improvements.
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Contract No. \Ol:bb4l:
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COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
1 TITLE OF PROJECT: Mobile Home Rehabilitation (G13.4)
MEMORANDUM OF CONTRACT entered into this d Ifi!:'
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BY AND BETWEEN
CITY OF SEAL BEACH a municipal corporation,
hereinafter referred to as CITY,
COU~TY OF ORANGE, a political subdivision of
the State of California and recognized Urban
County under the Federal Housing and Community
Development Act of 1974 & 1977, hereinafter
referred to as COUNTY.
WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement,
12 dated September 25, 1979 in which both parties agreed to cooperate in the undertaking,
13 or assist in the undertaking, of community development and housing assistance
14 activities, and
15 WHEREAS, the CITY has submitted to the COUNTY an application for funding of
16 a project(s) hereinafter described, and
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WHEREAS, the COUNTY has entered into a separate agreement dated July 14, 1981
18 with the U. S. Department of Housing and Urban Development (hereinafter designated as
19 HUD) to fund said project(s) under the Housing and Community Development Act of 1974
20 and 1977 (hereinafter referred to as ACT).
~1 NOW, THEREFORE, IT IS AGREED by and between the parties that the following
22 provisions as well as all applicable Federal, State and County laws and regulations
23 including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", are part of
24 this Contract.
25 1. For the PURPOSES OF THIS CONTRACT the following definitions shall
26 apply:
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a. Project Manager: The party responsible for, but whose responsibility
28 is not limited to the following: Contracting, monitoring and implementing the project.
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Resolution Number
Contract No. C26642
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b. Director: The Director of the County of Orange Environmental
Management Agency.
c. Reimbursable Basis: The CITY will provide the funda for the project
and submit proof of payment to the COUNTY, whereby upon approval the COUNTY will
forward Community Development Block Grant funds to repay the CITY.
2. It is understood that the CITY is solely responsible for implementation
of the project(s), described as: MObile Home Rehabilitation (G13.4).
The CITY will utilize CDBG funds to provide a rehabilitation program to
target area residents living in the Seal Beach Trailer Park. Rehabilitation will in-
elude repairing roofs of mobile homes, repairing substandard wiring and plumbing,
replacing cabanas and enclosing awnings, weatherization and insulation, and other
eligible repairs. No more than ten percent of CDBG funds may be used for admin-
istrative costs associated with the implementation of the project.
It is agreed by all parties that funds shall be expended prior to December
31, 1982. In the event that the CITY has not submitted appropriate invoices for all
approved project costs funded by the Block Grant prior to December 31, 1982, this
Contract shall be subject to termination at the discretion of the COUNTY.
3. CITY agrees:
a. Any amendment(s) to this contract shall be submitted to and
approved by the COUNTY, prior to commencement by CITY of such project.
b. To act as Project Manager for said project(s) and to submit
any and all third-party contracts funded through this Contract to COUNTY for
review prior to award of such contracts by CITY.
c. That all work shall be in accordance with CITY's governing building
and safety codes.
d. 10 maintain accounting records, official files, and other evidence
pertaining to costs incurred as required by all applicable HUD regulations, and all
of these shall be accessible for the purposes of monitoring, surveys, audits and
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Resolution Number
Contract No. C26642
1 xaminations by duly authorized representatives of COUNTY or HOD. These records shall
2 e kept available at CITY'S office during the project's contract period and thereafter
3 or three (3) years from the date of final payment of HUD Community Development Block
4 Grant Funds.
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e. That the Director, shall biannually evaluate the CITY's progress in
6 complying with the terms of this contract. CITY shall cooperate fully in
7 such evaluation. The Director shall report the findings of each evaluation
8 Ito the CITY and Orange County Board of Supervisors. If it is determined by the
11I9 Board of Supervisors that performance or progress on performance is unsatisfactory,
10 the Board of Supervisors may terminate the contract or withhold further funding
11 on the project pending resolution of the unsatisfactory conditions. In addition,
12 the Board of Supervisors may require reimbursement of any funds that it determines
13 to be improperly expe~ded or not expended on the project in a timely manner.
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f. That if it is subsequently determined by COUNTY or HUD
15 that funds were not expended in compliance with the applicable federal laws and
16 regulations, CITY will refund to COUNTY such sums as were improperly expended.
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g. To assume responsibility for California Environmental Quality
18 Act compliance and to provide COUNTY with necessary information to comply with
19 the National Environmental Policy Act.
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Project Funding:
a. This project will be financed as follows:
Block Grant Funds
$ 75,000.00 (Seventy-Five Thousand Dollars
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County Funds
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City Funds
$235,000.00 (Two Hundred Thirty-Five
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TOTAL
$310,000.00 (Three Hundred Ten Thousand
Dollars and no/100).
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Resolution Number
Contract No. C26642
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b. COUNTY shall not be responsible for any costs which exceed the ap-
2 proved estimated project(s) cost funded by Block Grant.
3 c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
4 unless CITY has been authorized and issued cash advances by COUNTY under this
5 Contract.
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d. Cash advances requested by the CITY under this Contract shall be
made by the COUNTY to the CITY if the following conditions are met:
(1) The CITY has demonstrated to the Director through certification
in a form prescribed by the Director and subsequently through performance, its
willingness and ability to establish procedures that will minimize the time elapsing
between the receipt of funds and disbursement of such funds.
(2) The CITY certifies to the Director, that the CITY's financial
management system me~ts the standards for fund control and accountability prescribed
in Office of Management and Budget Circular No. A-102 as amended from time to time.
(3) The CITY complies with the cash advance procedures as shall be
required by the Financial Procedures of the Housing and Community Development Program
Office of County's Environmental Management Agency (hereinafter EMA).
If the CITY is subsequently found, by DIRECTOR, to be in noncompliance with
4.d.(1) through 4.d.(3) CITY shall be paid pursuant to 4.c.
f. Reimbursable basis payments, as referred to in section 4.c. above,
and/or cash advances described in 4.d. above, shall be made in accordance with the
financial procedures of EMA. In the event of conflict between such financial
procedures and any applicable statutes, rules or regulations of HUD, including
Office of Management and Budget Circular No. A-102, the latter shall prevail.
5. Neither COUNTY nor any officer nor employee thereof shall be respon-
26 sible for any damage or liability occurring by reason of any action or omission of
27 CITY or its agents, associates, contractors, subcontractors, materialmen, laborers,
28 or any other persons, firms, or corporations furnishing or supplying work service,
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Contract ~o. CZbb4Z
materials, or supplies in connection with CITY's performance of this Contract and
from any and all claims and losses accruing or resulting to any persons, firm or
corp~ration for personal injuries or property damage resulting from or as a
consequence of, CITY's performance of this Contract under or in connection with any
work, authority or jurisdiction delegated to CITY under this Contract. It is also
understood and agreed that, pursuant to California Government Code Section 895.4,
CITY shall fully indemnify, defend and hold COUNTY harmless from any liability
imposed for injury (as defined by California Government Code Section 810.8) occurring
by reason of any action or omission of CITY under or in connect1on with any work,
authority or jurisdiction delegated to CITY under this Contract. CITY shall act in
an independent capacity and not as officers, employees or agents of COUNTY.
6. Neither CITY nor any officer nor employee thereof shall be responsible
13 for any damage or liability occurring by reason of any action or omission of COUNTY
14 under or in connection with any work, authority or jurisdiction not delegated to CITY
15 under the terms of this contract. It is also understood and agreed that, pursuant
to California Government Code Section 895.4 COUNTY shall fully indemnify, defend
and hold CITY harmless from any liability imposed for injury <as defined by
California Government Code Section 810.8), occurring by reason of any action
or omission of COUNTY under or in connection with any work, authority or jurisdiction
not delegated by CITY under this Contract.
7. In the event of CITY's failure to comply with the provisions of this
Contract, COUNTY may at its discretion withhold funds andlor reallocate funds
to another activity considered by the COUNTY to be in compliance with the ACT.
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Resolution Number
Contract No. C26642
1 IN WITNESS THEREOF, CITY has caused this Contract to be executed by its
2 Mayor and attested by its Clerk; COUNTY bas caused this contract to be executed by
3 the Chairman of the Board of Supervisors and certified by Clerk of the Board all
4 having been duly authorized by the City Council of CITY and the Orange County
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Board of Supervisors.
CITY OF SEAL BEACH
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By ~J.Jt.... -~ I0n A. ~ ~~
Mayor "1-
Date .
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COUNTY OF ORANGE, a political subdivision
of the State of California
Dated:qa7lalJ/tY /K. /tlR ,~
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By
SIGNED AND CERTIFIED THAT A COpy OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
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22 Clerk of the Board of Supervisors
of Orange County, California
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APPROVED AS TO FORM: 6 - f!i. (2.-
ADRIAN KUYPER, County Cou~se
ORANGE COUNTY, CALIFORNIA
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ExhibiL "A" to COUUTY/CITY Contract
Resolution Number
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SPECIAL PROVISIO~S
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A. Section 3 _ Com liance With the Provision nt and
Business Opportunity
The CITY shall cause or require to be inserted in full In all contracts
and subcontracts for work financed in Whole or part with federal financial assistance
provided under this Contract. the Section 3 clsuse set forth in 24 CFR 135.20(b). the
CITY "Ul provide such copies of 24 CFR Part 135. as ..y be necessary for the informa-
tion of parties to contracts required to contain the aaid Section 3 clause.
Section 3 requires that to the Ireatest extent feasible. opportunities
for traininl and employment be made available to lower income residents within the
unit of local loverllllll!llt or aetropoUtan area (or IIOn-metropolltan county). in which
the project is located. In addition. to the Ireatest extent feasible. contracts for
work in connection with the project shall be awarded to business concerns Which are
located in, or in substantial part owned by, persons residinl in the same unit of local
loveraaent or metropolitan area (or DOn-metropolitan county). in td\ich the project is
located.
'1'be parties to this contract will comply with the provi&1ons of ..id
Section 3, and the regulations issued pursuant thereto by the Secretary of HOusing
and Urban Development set forth in 24 CFR 135. and all applicable rules and orders
of the Department issued thereunder prior to the execution of this contract. The
CITY shall take appropriate action pursuant to the subcontract upon a finding that
the subcontractor Is In violstion of regulations l..ued by the Secreury of HOusing
and Urban Development. 24 CFR 135. '!'he contractor will not subcontract with any sub-
contractor Where it bas notice or. knowledge that the letter has been found in vio-
lation of regulations under 24 CFR 135. '!'he parties to this contract certify and
agree that they are under no contractual or other disabiUty Which would prevent them
from complying with these requirements. (Source: Vol. 38, IJo. 203. Title 24 CFR 135)
B. Equal Employment OPllortunity
In carrying out the prolrnm. the CITY shall not discriminate aGainst
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4 selection for tralnlna, lnc1udlna apprentlceship. 'l'be contractor asrees to post In
5 consplcuoUS places, aval1able to employees and appllcants for employment, notlces to
6 be provlded by the CITY 88ttins forth the prov1alons of this uondhcdllll118tion
7 clause.
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color, rellglon, sex, or Datlo118l orlsin. Such action ahall lnclude, but not be I
limited to, the followina: Employment, upgradina. demotion or transfer. recruitlllent
advertising. layoff or terlllinationl ratea of payor other forms of COlllpensation and
2. The Contractor will. In all sollcitations or advertiselllents for
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employees placed by or on behalf of the contractor state that all qualified appli-
C8llts will receive consideratlon for emplo)'lllent without nsnd to race. color,
11 religlon. sex or Dational odgln.
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3. The contractor wl11 aend to each labor union or representstlve of '
13 wrltera with whlch be has a collective barsalnlna asreement or other contract or
14 understandlns, a notlce advlslns the sald labor unlon or writer's representatlves of
15 the contractor's cOllllllltlllent under Section 202 of Executlve Order 11246 of Septelllber
16 24, 1965, and ahall post coples of the notice In consplcuous places available to em-
17 ployeea and applicants for _ployment.
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4. 'l'be contractor will cOlllply with all provlsions of Executlve Order
11246 of September 24, 1965 and of the rules, resulatlons and relevant orders of the
Secretary of Labor.
5. 'l'be contractor will furnlsh all lnformation and reports required by
Executive Order 11246 of September 24, 1965 and by the rules, regulat1ol1B and order
of the Secretary of tabor or pursusnt thereto and will permit acce.. to his books,
recorda and accounts by the Departraent and the Secretary of Labor for purposes of in-
veatlgatlon to ascertaln cOlllpllance with such rules, regulatlons and orders.
6. In the event of the contractor's uoncOlllpliance with the nondh-
crlmination clauses of this contract or with any of such rules, regulations or
orders. thh contract ..y be canceled, termlnated or suspended In whole or ln part
Page 3 of 13
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Resolution Number
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any employee or applicant for employment beca~ae of race, color, religion, aex or
uUonal orilln. '1'he CITY ahall take affimaUve action to inaure that applicanta
for employment are employed and that employees are treated durinl employment, With-
out relard to their race, color, religion, aex.or utlonal orllln. Such action ahall
iDclude, but not be limited to, the followinl: employment, upgradinl, demoUon or
tranafer; recruitment or recruitment advertlalna; layoff or temlnatlon; ratea of
payor other form, compenaatlon; and aelectlon for tralnlnl, Including apprentice-
ahip. 'l'be CITY ahall poat III conaplcuoua placea, ava1lable to IIIIIployeea and appli-
canta for employment, noUcea to be provided by the COUNTY aetUng forth the provi-
alona of tb1a aondbcr1llllnation clause. 'l'be CITY ahall, In all aolicitatlons or
advert1aementa for IIIIIployeea placed by or on behalf of the CITY, atate that all
qualified appHcanta will receive cona1deraUon for IIIIIployment without regard to
race, color, religion, aex or utioul orilln. 'lbe CITY ahall Incorporate the fore-
loinS requlrlllllellta of thia paragraph in all of Ita contracta for program work and
will require all of Its contractors for auch work to Incorporate auch requlrlllllenta
In all aubcontracts for prolram work. Such contracU ahall be aubject to HUD Equal
EI\lployment Opportunity regulatlona 24 cr.. 'art 130 aa applicable to 1lUD a..hted
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construction contracta.
the CITY aball cauae or require to be Inaerted In full In any non-
exlllllpt contract and subcontract for conatruction work or modUication thereof, aa
defined In said regulatlona which la paid for 111 Whole or in part with aaaiatance
umler the Contract, tbe followlns equal opportlllllty clauae:
"Durlns the perfonance of thb contract, the contractor asrrea aa
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follow:
1. the contractor viII not dlacrlmlnate agalnat any employee or ap-
plicant for employment becauae of race, color, religion, aex or national origin.
'lbe contractor will take affirmative action to enaure that appllcanta are employed
ami that employee a are treated durina employment, without regard to tbelr race,
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and the contractor may be declared ineliaible for further Covernment contracta
or federally aaaiated construction contract in accordance with procedurea authorized
in Execullve qrder 11246 of September 24. 1965. or by rulea. naulationa or order of
the Secretary of Labor or aa otherwiae provid!d by law.
7. 'lbe contractor will include the portion of the sentence i_ediately
preceedilll paraaraph (1) beginnilll with the words "Durllll the perfol1llance of... II aDd
the prov1aiona of paraarapha (1) throuah (7) in every aubcontract or purchaae order
un1eas exempted by rulea. reaulationa or orders of the Secretary of Labor iaaued
pursuant to Section 204 of the Executive Order 11246 of September 24. 1965. so that
such provlaions will be blDdilll upon each subcontractor or vendor. 'DIe contractor
will ,tske such action with respect to any subcontract or purchase order aa the
Department 118Y direct aa a mean. of enforcilll such provlaion.. inc1udina .ancllon.
for noncompliance; provided. however. that in the event a contractor becomes involved
in. or is threatened with. litiaallon with a subcontractor or vendor as a reault of
such direction by the Department the contractor .ay request the United States to en-
ter into such lillaation to protect the interest of the United States."
'l'he CITY further agrees that it will be bound by the above equal opportunity
clause with reapect to its own employement practices when it participatea in federally
a.sisted construction work. 'lbe above equsl opportunity clause is not applicsble to
any aaency. inatrumenta1ity or subdiviaion of such CITY Which doea not participate in
work on or under the contract.
'lbe CITY aarees that it will anlat and cooperate actively with comITY. I:llD
and the Secretary of Labor in DbJainilll the compliance Df contractors and aubcon-
tractora with the equal opportunity dause and the rules. reaulations and relevant
orden of the Secretary of Labor; that it will furnlah the COVIITY. RUD and the Secre-
tary of Labor such infol1llation as they may require for the aupervidons of such cOlll-
plianee; and that it will otherwise assist the above partiea in the discharae of its
primary responsibility for aecurilll compliance.
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The CITY further agrees that it will refrain from entering into any con-
2 tract or contract modification aubject to Executive Order 11246 of September 24,
3 1965, with a contractor debarred from or who has not demonstrated eligibility for,
4 Covernment contracts and federally assisted construction contracts pursuant to the
5 executive order and will carry out auch aanctions and penalties for violation of
6 equal opportunity clause as 118Y be impoaed upon contractors and subcontractors by
7 by BUD or the Secretary of Labor pursuant to Part II, Subpart B of the Executive
8 Order. In addition, the CITY agrees that if it fails or refuses to comply with these
9 undertakings, the COUNTY may take any or all of the following actions: Cancel, ter-
10 ..inate or suspend in whole or in part the grant or loan guarantee; refrain frOll ex-
11 tending any further asaistance to the CITY under the progr_ with respect to which
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the failure or refusal occurred until satisfactory aasuranee of future compliance has
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been received from such COt.'TRACTOR (Source: It/CD Funding Agreement 14 and Executive
Order 11246, Part II, Subpart B, Section 202)
C. Federal Labor Standards
Except with respect to the rehabilitation of residential property de-
signed for residential use for less than eight f_ilies, the CITY and all contractors
engaged under contracts in exc.as of $2,000 for tha construction, prosecution, COll-
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such contracts and the applicable requirements of the regulations of the Department i
of Labor under 29 CPll. Parte 3 (Copeland AU), 5, and 5a (Davis-Bacon Act), governing I!
the payment of wages and the ratio of apprentice a and traineea to journeymen: Pro- I
pletion or repair of any building or work finaneed in whole or in part with assist-
ance provided under this contract, shall comply with BUD requirements pertaining to
wided, that if wage rates higher than those required under auch regulations are im-
posed by state or local law, nothing hereunder 18 intended to relieve the CITY of its
obligation, if any, to require paJlDent of the higher rates. The CITY shall cause or
require to be inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of 29 CPll. 5.5 and for auch contracts in excess of
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'lbe "Pcder.l Labor St.nd.rds Provisions" (HUD 4010) .re liI"e
$10.000. 29 CPR 5..3.
part of thil cODtract.
JD .ward of the contr.ctl covered under tbil section of the contract
aball be made to any contr.ctor who ia .t tbe time ineligible under tbe provisions of
.ny .ppUc.ble regul.tiona of the Department of Labor to receive .n .ward of sucb
contract. (Source: BlCD FuncIip& Acre_ent '7)
All docUlllents submitted by the CITY to the COUNTY wbicb .re required
for cCllllpU.nce witb tbe Feder.l Labor at.ndarels. aball be certified .s being true,
.ccur.te. .nd cCllllplete by the City Engineer or the Director of Publlc Works.
(Source: Oranae Count)' BlCD)
D. Non-Diacda1natiOll
The CITY in .ny .ctivit)' directly or indirectl)' fin.nced under this
contract. aball CCllllpl)' with:
1. title VI of the Civil tigbts Act of 1964 (Pub. L. 88-352). .nd the
regulationa iaaued pursuant tbereto (24 CFR r.rt 1). whicb provides that no person in
tbe United St.tes aball OIl the groundl of race. color. or national odgin. be exclu-
ded from participation in. be denied tbe benefiU of. or be otberwile .ubjected to
dilcrimination under an)' program or activit)' for whicb the applicant receives Feder.l
fin.nci.l a.siat.nce and will immediate1)' take .n)' ....urea nece.s.ry to effectuate
thia ..sur.nce. If an)' real propert)' or atructure thereon i. provided or improved
witb tbe .id of Feder.l Un.nci.l aaalltallCe extended to the .pplic.nt. thi. .ssurance
.ball obligate the appUc.nt. or in the c..e of an)' tr.nafer of .ucb property. .ny
tr.n.feree. for tbe period during whicb tbe real property or .tructure ia uaed for
a purpo.e for whicb the Feder.l financial a.alstance ia extended. or for .notber pur-
pole involvinS the proviaion of atailar aervice. or benefit..
2. ntle VIII of the CivU Rigbts Act of 1968 (Pub. L. 90-284). as
amended. .dminiaterina .11 programa and activitiea rel.ting to bousing and community
development in a .8IIner to affirm.tively further fair housing; .nd will t.ke action
r.ge 6 of 13
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1 to afflrsotlvely further falr bouslna In the sale or rental of houslna, tbe flnanclna
2 of houB1na. alld the provlB1ol1 of brokeraae servlces.
3 3. Section 109 of the P.oudng and Co_unity Development Act of 1974.
4 and the regulatlons lssued pursuant thereto (Z4 CFI Part 570.601), Whlch provldes
5 that 110 person In the Unlted States shall on the grounds of race, color, national
6 origln. or sex. be excluded frOlll participation In. be den led tbe benefits of, or be
'1 subjected to discrimination IDIder. any program or activlty funded In wole or In
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part wlth funds provldecl under this Part.
4. Executlve Order 11063 on equal opportunlty In houslng and nondls-
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crlmlnatlon 1n the aale or rental of houslng bul1t with Federal asslstance.
(Source: Vol. 43. No. 41. Title 24 CFI Part 570.307 (L 1-4))
E. Accesslbl1lty/Usabl1lty of Facl1ltles and Bul1dlnRs for Pbyslcally
13 Handlcapped
14 The CITY tD any actlvlty dlrectly or Indlrectly flnanced under this
15 contract ahall requlre every buildlng or facillty (other than a prlvately owned red-
16 dentlal atructure) deslgned. constructed. or altered.with funds provlded under thls
1'1 Part to cOlllply with the "American Standard Specifications for MaUna Buildlngs and
18 FaclliUes Accesslble to. and Usable by, the Physically Handlcapped." tlumber
19 A-117.1-1 1971. subject to the exceptlons contalned In 41 CFI 101-19.604. The CI~Y
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will be responslble for conductlng Inspectlons to Insure compllance with these specl-
f1cationa by any contractor or subcontractor (Source: 24 CFa Part 570.307 (It))
F.
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1. 7he CITY In any actlvlty dlrectly or Indlrectly flnanced under tbl
contract ahall:
a. 1D the grestest extent practlcable under State law. comply wlth
Sections 301 and 302 of Tltle III (Uniform Real Property Acquisltion Policy) of the
Unlform 1elocatlon Asslstance and Real Property Acquls1tlon Pollcles Act of 1970 and
will COlllp1y with Sections 303 and 304 of Title III. and HUD Implementing Instructions
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at 24 cra .art 42; and
b. Inform affected persons of their riahts and of the acqu1sition
policies and procedures set forth in the reau!ations at 24 CFa Part 42 and
570.602(b).
2. 1he CITY shall also:
a. Comply with Title II (Uniform llelocation Aaaistance) of the
UDiform aelocation As,i,tance and Ileal 'roperty Acquisition policies Act of 1970 and
BUD implementins reaulations at 24 cra Part 42 and 570.602(a);
b. Provide relocation payments and offer relocation as,istance a'
described in Section 205 of the Uniform llelocation Asaiatance Act to all person' diS-
placed as a re,u1t of acquisition of real property for an activity assisted under the
Community Development Block Crant hoaram. Such payments and a..1stance shall be
provided in a fair and consistent and equitable manner that insures that the reloca-
tion process does not result in different or separate treatment of such persons on
account of race. color. reliaion. national oriain. au. or source of inc:llI!Ie;
3. Assure that. within a reaaonable period of time prior to displace-
ment. clllllparable decent. aafe and sanitary replacement dwellinas will be available to
all displaced fa.l11es and lIld1v1duala and that the ranae of choices available to
auch persons will IIDt vary on account of tbeir race. color. religion. national
oriain. sex. or source of income; and
4. Inform affected persons of the relocation assistance. policies and
procedurn Ht forth in the reaulations at 24 CFa Part 42 and 570.602(a). (Source:
Vol. 43. ND. 41 Title 24 cra .ait 570.307 (n . 0).
C. Lead-Based 'aint na.ards
The construction or rehabilitation of residential structures with as-
sistance provided under this Contract ia aubject to the BUD Leacl-~se Palnt regula-
tions. 24 cra Part 35. Imy arants or loans macle by the CITY or work performed by
the CITY for the rehabilitation of reaidential atructures with assistance provided
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1 under this Contract sball be made subject to the provisions for the elimination of
2 leadb..e paint bazards under subpart B of said regulations and the CITY shall be re-
3 sponsible for the inspections and certifications required under Section 3S.14(f)
4 thereof. (Source: HICD Fundina AgreeDlent IS aod 24 cn Part 3S)
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n. Flood Dissster
This Contract 1& subject to tbe requirements of the Flood Disaster Pro-
7 tection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this
8 Contract il approved for acquisition or construction purposes as defined under Sec-
9 tion 3(a) of said Act. for use in an area identified by tbe Secretary as having
special flood hazards. which 1& located in a COllllllUllity not then in cODlpllance witb
the requireDlents for participation in the national flood insurance program pursuant
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12 to Section 201(d) of Said Act; and the use of any assistance provided under this Con-
13 tract for such acquisition or construction in such identified areas in cOlllDlunides
14 then participating in the national flood insurance program shall be subject to the
15 mandatory purchase of flood insurance requirements of Section 102(a) of said Act.
16 Any Contract or AgreeDlent for the sale. lease or other transfer of land
17 acquired. cleared. or improved witb a..1stance provided under this Contract sball
18 contain. if sucb land is located in an area identified by the Secretary as baving
19 special flood hazards and in which the sale of flood insurance haa been made avall-
20 able under the Ilstional nood Inlurance Act of 1968. al amended. 42 U.S.C. 4001 et
21 seq.. provilions obligating the transferree and ita succeslorl or assignees to obtain
22 and maintain. during tbe ovnenhip of such land. such flood insurance as required
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24 Section 102(a) of tbe Flood Dissster Protection Act of 1973. Sucb provisions shall
25 be required notwitbstanding tbe fact tbat tbe construction on such land 1& not itself
26 funded with .sslstance provided under this Contract. (Source: H/CD Funding
7:1 Agreement 13)
28 The CITY shall comply witb the provisions of Executive Order 11296. relating
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1 to evaluation of flood hazards and ExecuUve Order 11288 relating to the prevention,
2 control, and abatment of vater polluUon. (Source: Vol. 43, 110. 41, Title
3 24 CFR 570.307 (j))
.. 1. CompUance with Air and Water Acts
5 The CITY shall cause or requlre'to be Inserted In full In all nonexempt
6 contracts or subcontracts for work furn1Bhed In whole or In part by the srant con-
7 tracts, the followlnS requirements (provided that contracts, subcontracts and sub-
8 loans not exceeding $100,000 are exempt froa this part:
9 This Contract 18 subject to the requirements of the Clean Air Act, as
_ended 42 use 1857 et seq., the Federal Water pollution Control Act, as Ulended
33 use 1251 et seq. and the resulatlons of the Envlrollllental Protection Asency with
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respect thereto, at 40 CFI. Part IS, as _ended frllll t1me to ti..e.
In cllllpl1ance with ssld relulations, the CITY shall cause or require ~
be Inserted In full in all contracts and subcontracts dealing with any non-exempt
transaction thereunder funded with ass1stance provided under this contract. the fol-
lowing requirements:
1. A stlpulstlon by the contractor or subcontractors that any facility
to be utilized In the perfollllance of any non-exempt contract or subcontract Is not
listed on the list of Viola tins Facilities Issued by the Envlrollllental Protection
Aseney (EPA) pursuant to 40 era. 15.20.
2. Asreement by the Contractor that he will COIIIply with all the re-
quirements of Section 114 of the Clean Air Act. as a..ended (42 use 1857c-8) and Sec-
tion 308 of the Federal Water PolluUon Control Act. as a..ended (33 use 1318)
relating to inspectlo~. IIOnltorlng. entry, reports and infonllltlon. as well as all
other requirements specified In said Section 114 and Section 308. and all regulations
and suidellnes Issued thereunder.
3. A stipulation that as s condition for the Avard of the contract
prDlllpt noUce wll1 be slven of any notification received from the Director of the
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EPA. Office of Federal Activities or any agent of that office, that a facility
utilized or to be utilized for tbe contract is under consideration to be listed on
the EPA list of Violsting Facilities.
4. An Agreement by the contractor that he will include or cause to be
included the criteria and requirements in paragraph (1) through (4) of this section
in every non-exempt subcontract and requiring that the contractor will take such
action as the Covernment may direct as a means of enforcing sucb provisions.
In no event ahall any amount of the assistance provided under this con-
tract be utilized with respect to a facility whicb has given rise to a conviction
under Section ll3(c)(l) of the Clean Air Act or Section 309(c) of the Federal Water
'ollution Control Act. (Source: BlCD Funding Agreement 16)
J. Management Compliance
The CITY in any activity directly or indirectly financed under this
contract shall comply with the regulations. policies. guidelines and requirements of
mm Circular No. 10-102. llevised. and Federal tfanasement Circular 74-4: Cost princi-
ples applicable to grants and contracts with State and local governments. and Federal
Hanagement Circular 74-7: Uniform Administrative llequirementa for grant-in-aid to
State and local government a as they relate to the application. adMinistration. accept-
ance and vae of Federal funds under this 'srt. (Source: Vol. 43. No. 41. Title 24 CFR
'art 570.307 (g))
1. Obligations of Contractor with Respeet to Certain Third 'arty
Relationships
The CITY shall relll8in fully obligated under the provisions of this
tract notwithstanding its designation of any third party or parties for the under-
taking of any part of the program with respect to which assistance is being provided
aDder tbis contract to the CITY. Sucb tbird party or parties shall comply with all
lawful requirements of the CITY necessary to insure that tbe program witll respect to
whicb assisUnee is being provided under tbh contract to tbe CITY is carried out in
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accordance with the CITY'a aaaurancea and certificationa. incIudina thoae with respect
to the aaaUlllption of ellViro..ental reapona1bil1t1ea of the CITY under Section 104(h)
of the Housinl and Ol_unity 1leYeloplllent Act of 1974. (Source: RICD FUlldinl Acree-
ment 19)
L. Intereat of Certain Federal Offlciala
No member or Delelate to the Ollllreaa of the United States and 110 Jeal-
dent CoIIIIIIiaaloner. shall be adllitted to an)' share or part of th18 cootract or to ao)'
benefit to ariae fr01ll the S8118" (Source: BICD Fundilll Alreement 110)
H. Interest of Members. Officers or Employeea of CITY. Kembers of Local
Coverning Body or Other Public Officials
No member. officer or employee of the COUNTY or CITY or ita dealgne..
or ageoU. 00 118111ber of tbe lovernil\& bod)' of tbe 10caUt)' io whicb the prograll 18
aHusted and 110 other pubUc official of auch locaUty or locaUties who exercise an)'
funcUona or reaponsibi11tlea witb respect to tbe program durll\& bis teoure or for
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one year thereafter. ahall bave ao)' intereat. direct or indlrect. ill any contract.
subcontract or the proceeds thereof. for _rlt to be performed 10 conllection witb the
prograll asalated under tbis cootract. 1he CITY ahall 10corporate or cause to be 10-
corporated. ln all sucb contract a or subcootracta a provlslon problblting auch inter-
eat pursusnt to the purpoaea of tbis aection. (Source: RICD Fundll\& Acreellent '11
and Vol. 43. No. 41. Title 24 era 570.307 (p)]
N. Prohibition Agalnst Payments of Bonua or Commisslon
The aaalstance provided under tbia cootract ahall IIOt be used In the
23 pa)'lllellt of any bonus or cOlllllllaalon for the purpose of obtainlng BUD approval of the
24 application for auch aaalstsllCe or RUD approval of appUcation for additional 88sist-
25 ance of any other approval or concurrence of BUD required UIIder tbis contract. pro-
26 vlded. however. that reasOllable feea or bcm8 fide technlcal. consultant. lIanagerial
?:1 or other auch aervicea, other than actual aoUcltation. are not hereby prohibited if
28 otherwiae eUglble as program coat. (Source: HIeD Fundlna Acrenent '12)
'age 12 of 13
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o. Hatch Act Compliance
'1'he CITY and COUNTY ahall COlDply with the provbions of the lIatch Act
which limits the political activity of employees. (Source: Vol. 43. lb. 41. Title
24 CFa Part 570.307 (q))
P. Definitions
Throuabout these Special Provisions the lIeanina of words shall be that
lIleanina Biven by the act. reBulation. Executive Order. Federal llanagellent Circular.
agreement. or rule cited herein as the aource for the section in which the word ap-
pears. (Source: aranae County Counsel)
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llanagement and Budaet (lIlB) 1.-102.
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AP:dlc1l61 (10)
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